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CONVENTION on the PREVENTION of MARINE POLLUTION by DUMPING of WASTES and OTHER MATTER (This Text Contains All the Amendments Which Entered Into Force)

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CONVENTION on the PREVENTION of MARINE POLLUTION by DUMPING of WASTES and OTHER MATTER (This Text Contains All the Amendments Which Entered Into Force) CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER (This text contains all the amendments which entered into force) THE CONTRACTING PARTIES TO THIS CONVENTION, RECOGNIZING that the marine environment and the living organisms which it supports are of vital importance to humanity, and all people have an interest in assuring that it is so managed that its quality and resources are not impaired; RECOGNIZING that the capacity of the sea to assimilate wastes and render them harmless, and its ability to regenerate natural resources, is not unlimited; RECOGNIZING that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction; RECALLING resolution 2749(XXV) of the General Assembly of the United Nations on the principles governing the sea-bed and the ocean floor and the subsoil thereof, beyond the limits of national jurisdiction; NOTING that marine pollution originates in many sources, such as dumping and discharges through the atmosphere, rivers, estuaries, outfalls and pipelines, and that it is important that States use the best practicable means to prevent such pollution and develop products and processes which will reduce the amount of harmful wastes to be disposed of; BEING CONVINCED that international action to control the pollution of the sea by dumping can and must be taken without delay but that this action should not preclude discussion of measures to control other sources of marine pollution as soon as possible; and WISHING to improve protection of the marine environment by encouraging States with a common interest in particular geographical areas to enter into appropriate agreements supplementary to this Convention; HAVE AGREED as follows: Article I Contracting Parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment, and pledge themselves especially to take all practicable steps to prevent the pollution of the sea by the dumping of waste and other 2 matter that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea. Article II Contracting Parties shall, as provided for in the following articles, take effective measures individually, according to their scientific, technical and economic capabilities, and collectively, to prevent marine pollution caused by dumping and shall harmonize their policies in this regard. Article III For the purposes of this Convention: 1 (a) "Dumping" means: (i) any deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea; (ii) any deliberate disposal at sea of vessels, aircraft, platforms or other man- made structures at sea. (b) "Dumping" does not include: (i) the disposal at sea of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures; (ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention. (c) The disposal of wastes or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources will not be covered by the provisions of this Convention. 2 "Vessels and aircraft" means waterborne or airborne craft of any type whatsoever. This expression includes air cushioned craft and floating craft, whether self-propelled or not. 3 "Sea" means all marine waters other than the internal waters of States. 3 4 "Wastes or other matter" means material and substance of any kind, form or description. 5 "Special permit" means permission granted specifically on application in advance and in accordance with Annex II and Annex III. 6 "General permit" means permission granted in advance and in accordance with Annex III. 7 "The Organization" means the Organization designated by the Contracting Parties in accordance with article XIV(2). Article IV 1 In accordance with the provisions of this Convention Contracting Parties shall prohibit the dumping of any wastes or other matter in whatever form or condition except as otherwise specified below: (a) the dumping of wastes or other matter listed in Annex I is prohibited; (b) the dumping of wastes or other matter listed in Annex II requires a prior special permit; (c) the dumping of all other wastes or matter requires a prior general permit. 2 Any permit shall be issued only after careful consideration of all the factors set forth in Annex III, including prior studies of the characteristics of the dumping site, as set forth in sections B and C of that Annex. 3 No provision of this Convention is to be interpreted as preventing a Contracting Party from prohibiting, insofar as that Party is concerned, the dumping of wastes or other matter not mentioned in Annex I. That Party shall notify such measures to the Organization. Article V 1 The provisions of article IV shall not apply when it is necessary to secure the safety of human life or of vessels, aircraft, platforms or other man-made structures at sea in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels, aircraft, platforms or other man-made structures at sea, if dumping appears to be the only way of averting the threat and if there is every probability that the damage consequent upon such dumping will be less than would otherwise occur. Such dumping shall be so conducted as to minimize the likelihood of damage to human or marine life and shall be reported forthwith to the Organization. 4 2 A Contracting Party may issue a special permit as an exception to article IV(1)(a), in emergencies, posing unacceptable risk relating to human health and admitting no other feasible solution. Before doing so the Party shall consult any other country or countries that are likely to be affected and the Organization which, after consulting other Parties, and international organizations as appropriate, shall, in accordance with article XIV promptly recommend to the Party the most appropriate procedures to adopt. The Party shall follow these recommendations to the maximum extent feasible consistent with the time within which action must be taken and with the general obligation to avoid damage to the marine environment and shall inform the Organization of the action it takes. The Parties pledge themselves to assist one another in such situations. 3 Any Contracting Party may waive its rights under paragraph (2) at the time of, or subsequent to ratification of, or accession to this Convention. Article VI 1 Each Contracting Party shall designate an appropriate authority or authorities to: (a) issue special permits which shall be required prior to, and for, the dumping of matter listed in Annex II and in the circumstances provided for in article V(2); (b) issue general permits which shall be required prior to, and for, the dumping of all other matter; (c) keep records of the nature and quantities of all matter permitted to be dumped and the location, time and method of dumping; (d) monitor individually, or in collaboration with other Parties and competent international organizations, the condition of the seas for the purposes of this Convention. 2 The appropriate authority or authorities of a contracting Party shall issue prior special or general permits in accordance with paragraph (1) in respect of matter intended for dumping: (a) loaded in its territory; (b) loaded by a vessel or aircraft registered in its territory or flying its flag, when the loading occurs in the territory of a State not party to this Convention. 3 In issuing permits under sub-paragraphs (1)(a) and (b) above, the appropriate authority or authorities shall comply with Annex III, together with such additional criteria, measures and requirements as they may consider relevant. 4 Each Contracting Party, directly or through a Secretariat established under a regional 5 agreement, shall report to the Organization, and where appropriate to other Parties, the information specified in sub-paragraphs(c) and (d) of paragraph (1) above, and the criteria, measures and requirements it adopts in accordance with paragraph (3) above. The procedure to be followed and the nature of such reports shall be agreed by the Parties in consultation. Article VII 1 Each Contracting Party shall apply the measures required to implement the present Convention to all: (a) vessels and aircraft registered in its territory or flying its flag; (b) vessels and aircraft loading in its territory or territorial seas matter which is to be dumped; (c) vessels and aircraft and fixed or floating platforms under its jurisdiction believed to be engaged in dumping. 2 Each Party shall take in its territory appropriate measures to prevent and punish conduct in contravention of the provisions of this Convention. 3 The Parties agree to co-operate in the development of procedures for the effective application of this Convention particularly on the high seas, including procedures for the reporting of vessels and aircraft observed dumping in contravention of the Convention. 4 This Convention shall not apply to those vessels and aircraft entitled to sovereign immunity under international law.
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